August 2026


Dear Readers of the Extra Mile:


Like every August for 36 years, this is our back-to-school issue. Most of you are settled in for the new school year, and we welcome you back for the challenges (and joys) the new school year represents. We are proud to be at your side (and have your back) in meeting those challenges in a remarkably complex and changing legal environment.


We are trying out a new segment in response to reader feedback. For those of you in a hurry, or just want a brief preview, we are beginning this issue with....

WHAT YOU NEED TO KNOW
(IN 3 MINUTES OR LESS)
  • Students: Illinois Federal Trial Court Dismisses Claim District Violated Constitution and Title IX In Its Bathroom Access Policy/Appeal Dismissed Due to Mootness


  • Personnel: Seventh Circuit Rules in Favor of Special Education Cooperative Regarding Race Discrimination and Retaliation Claims But Revives Employee's First Amendment Claim


  • Personnel: TRS Rule Regarding Thirty Day Separation For Return to Work Effective January 1, 2027


  • Personnel: Office for Civil Rights Withdraws Regulation Allowing "Disparate Impact" Analysis in Title VI Racial Discrimination Cases


  • Students: Department of Education Threatens Withholding of Federal Funds to District for Alleged Violation of Protection of Pupil Rights Amendment


  • Personnel: Seventh Circuit Upholds School District's Denial of Parent Volunteer Application Based on Criminal History


  • Personnel: Illinois Appellate Court Affirms Dismissal of Employment Discrimination Charge and Sanctions Plaintiff’s Attorney for AI-Generated Hallucinations Citations


For more information on each, please see below.

Register for IASPA/HLERK Year in Review Conferences!


Registration is open for the 2026 Year in Review conferences in conjunction with our partners at IASPA. You can register by clicking on your desired conference location below. Reservations are rapidly coming in, and each conference will sell out.


This will be a critical year for you to attend, given major legislative developments in both the labor/personnel and student/special education areas of the law, as well as several important updates in the corporate/board governance area. Join us to learn how to avoid legal risk and attendant legal costs in the upcoming year.


In addition to the sheer pleasure of attending, you also will receive 3 Professional Development hours from IASPA and an electronic copy of the conference Handbook, a compendium of the school year's major developments.


Here is the 2026 lineup...register now by clicking on your preferred location:






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ISBE Issues New ELL Guidance


In July, ISBE issued a new comprehensive ISBE Guidance For English Language Learners, dated August, 2026. ISBE Guidance for English Learner Students - District Identification, Screening, and Data Submission. The new Guidance includes a new FAQ.


Issues concerning ELL requirements continue to grow. Contact Jessica Nguyen with your inquires.

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Colorado District Files Suit in Federal Court Seeking "Declaratory Judgment" Regarding Its Obligations to Transgender Students in Light of Opposing Requirements of the Department of Education and Colorado Law


In a first-of-its-kind lawsuit, Jefferson County Public Schools in Colorado is seeking a declaratory judgment in federal court regarding threats by the Department of Education to cut off $50,000,000 in federal funding. The District argues that the Department of Education's position regarding bathroom access would place it in violation of the District's requirements under Colorado law.


We will watch the progress of the litigation closely, as it may be directly relevant to Illinois school districts.


Contact Michelle Todd with your inquiries.

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Protect College Sports Act/High School Implications?


Congress is currently considering the Protect College Sports Act (co-sponsored by Ted Cruz (R-TX) and Maria Cantwell (D-WA). After initially objecting, both the Big Ten and SEC have approved the draft legislation.


As the name implies, it will apply to college sports if passed. At least one Senator is asking to make some of its provisions applicable to high school sports. Accordingly, your ADs should keep an eye on the legislation.


The Senate failed to vote on the legislation before its recess. The matter is scheduled for debate and a possible vote when the Senate returns. Expect significant debate and amendment.

HLERK Developments


We are pleased to welcome Joe Larimer to our firm as an associate. He is a graduate of Loyola University Chicago School of Law and Indiana University (B.S. in Secondary Education) (National Champions!) and has practiced in school law in Indiana for two years. We are thrilled to have him join the Hodges Loizzi family. He is resident in our Itasca office. We hope you meet him at the Year in Review conference here.


Just to show you it isn't all work here, our attorneys happily participated in fundraisers for the Peoria and Lake Zurich School Foundations, and the whole firm enjoyed our annual summer outing at Putt Shack in Oak Brook (which we recommend either just for an evening out or as a group activity).

Our associates also gathered in August for the annual Firm Outing.

Also, below are our attorneys Kerry Pipal and Valerie Robert, along with Cathy Carlen, our HR and Marketing Administrator, attending last year's Regional Conference in St. Louis (They will be back for this year's conference on October 13th).

Consumer Price Index


The Bureau of Labor Statistics released its July 2026 CPI data on August 12th. Inflation was running at the annual rate of 3.4%, meeting expectations. You can access the full BLS report below.

LEGAL NEWS

Illinois Federal Court Upholds School District’s Gender Identity Restroom Policy/Appeal Dismissed Due to Mootness


The Northern District of Illinois dismissed Equal Protection and Title IX claims challenging a school district's policy permitting transgender students to use restrooms consistent with their gender identity,


The court held that the policy was gender-neutral, did not discriminate based on sex and did not create a cognizable hostile educational environment. Read more...

Michelle Todd

Seventh Circuit Rules in Favor of Special Education Cooperative Regarding Race Discrimination and Retaliation Claims/Revives Employee's First Amendment Claim Regarding "Equity Mindset" Requirement


In Spengler v. Cooperative Educational Service Agency 7, the Seventh Circuit affirmed the dismissal of a public employee’s racial discrimination and retaliation claims under Title VII and the Equal Protection Clause but revived the employee’s First Amendment claim. Read more ...

Tina Christofalos

OCR Withdraws Regulation Allowing "Disparate Impact" Analysis in Title VI Racial Discrimination Cases


The U.S. Department of Education's Office for Civil Rights has withdrawn its regulation authorizing the use of "disparate impact" analysis in Title VI claims against school districts. Read more...

Ellen Rothenberg

TRS Requirement Regarding 30-Day Separation Rule For Return to Work Effective January 1, 2027


Under the Pension Code, TRS members must demonstrate separation from employment when applying for a TRS retirement benefit or a termination refund. Read more ...

Barb Erickson

Seventh Circuit Upholds School District's Denial of Parent Volunteer Application Based on Criminal History


In the category of "anything that can be litigated will be litigated," the Seventh Circuit considered an appeal from a trial court decision dismissing a parent's lawsuit.


The suit alleged constitutional and other violations arising from the District's decision to deny a parent's request to act as a parent volunteer based on his prior criminal history. Read more....

Frazier Satterly

Department of Education Threatens District With Withholding of Federal Funds for Alleged Violation of Protection of Pupil Rights Amendment


On July 29th, the U.S. Department of Education's Student Privacy Policy Office ("SPPO") announced that a Massachusetts school district violated the Protection of Pupil Rights Amendment by administering a survey to middle school students whose parents opted out of the survey's "sensitive and explicit content." Read more ...

Valerie Robert

Illinois Appellate Court Affirms Dismissal of Employment Discrimination Charge/ Sanctions Plaintiff’s Attorney for AI-Generated Hallucinations Citations


In a recent ruling, the Illinois appellate court dismissed an IDHR complaint, finding it was not timely filed. While this is "inside baseball" to attorneys, the latter part of the appellate court's ruling is relevant to school districts grappling with the vast potential uses (and abuses) of AI. Read more...

Jennifer Donnelly

INSIGHTS FOR SCHOOL LEADERS
 

IASPA HR Essentials Conference


Barb Erickson and Jeff Goelitz will be speaking at IASPA's HR Essential Conference on September 10 at Northern Illinois University. Barb will be presenting two FMLA sessions at the conference, and Jeff will be presenting on avoiding legal pitfalls in school hiring.

IASBO Payroll Essentials Conference


Barb Erickson will once again be presenting at the Payroll Essentials Conference on October 7 at the Meridian Bank and Conference Center in Rolling Meadows, Illinois.

ICSA In-House Counsel Networking Meeting


Jeff Goelitz will present "Collective Bargaining 2026: What School Attorneys Need to Know Now" to fellow school attorneys at the ICSA In-House Counsel Networking Meeting on October 9 in Lombard.

AASPA 88th Annual Conference


As you get your “Boots On” at AASPA’s 88th Annual Conference, on October 12-16 in Austin, Texas, don’t miss Barb Erickson's session on “FMLA & ADA and What You Should and Shouldn’t Say.“ Barb will break down the communication do’s and don’ts every school administrator needs to know to protect employees, support compliance, and lead from the ground up.
 

NOTES AND REMINDERS
  • Remember to require student health exams and immunizations by October 15th unless your district has set an earlier date (with parent notifications) or unless the student is an out-of-state transfer student.




  • Contact Steve Richart or Heather Brickman if your district is considering including a referendum question on the November ballot. HLERK offers trainings on compliance with referendum ethics laws and policies for board members/staff and review of any informational materials.


  • Federal law requires all school districts to conduct educational programming during the week of September 18 in honor of the Constitution's birthday.


  • Remember that pursuant to SB100, a school district's parent-teacher advisory committee ("PTAC") is to review a school district's bullying policy in addition to the school district's student discipline and search policies. 


  • As you consider future projects, be aware that the School Code requires certain procedural steps when awarding a Guaranteed Energy Savings agreement. Contact Kerry Pipal or Scott Metcalf early in the process to ensure your project is compliant.

CONCLUSION

August not only brings the start of the school year, it brings the exciting prospect of high school and college football. While experts predict a "middling" year for the Huskers, we certainly expect more (as we have since 2001).


The Cubs are in the race for the post season (Milwaukee will likely win the division) and the Sox are (remarkably) primed for a post-season appearance. Regarding the Cards, we can only offer the old Cubs lament, "wait till next year."


We hope you can get to Wrigley or Busch before the season ends. Speaking of which, if you can, definitely get to Milwaukee to see Jacob Misiorowski pitch. We've not seen anything like it since the days of Kerry Wood.


We also note that the Sinquefield Cup chess tournament is currently going on at the Chase Park Plaza in St. Louis. Local hero Fabiano Caruana is a top contender. If none of this rings a bell, check with your chess club sponsor. It's a big deal. The Sinquefield Cup was where the most famous alleged cheating incident in chess history occurred several years ago. That incident is the subject of an upcoming major motion picture with Emma Watson.


As you know, we are big on anniversaries around here. Fifty years ago, Apple was founded by Steve Jobs and Steve Wozniak. Apple is now one of the largest corporations in the world (as measured by market cap). Consider how Apple has changed our world and that the iPhone was only created in 2007.


More importantly, it is the 60th anniversary of Star Trek, having premiered in 1966. We could go on (and on), but we will leave you with...may you all "Live Long and Prosper."

Our Media Recommendations


We like to bring to your attention hidden gems from the past. This month, we highly recommend You (Netflix). The five seasons of the series concluded last year. It is the story of Joe Goldberg (Penn Badgley), a book seller in Manhattan, and his various relationships. His relationships do not end well. Through Joe, we also receive his social commentary on life in New York, Los Angeles, Seattle, and London. The series is based on a series of novels by Caroline Kepnes, which parallel (but not completely align with) the TV series (which we also recommend). Her most recent entry, Before You, was published in June.


We have previously recommended The Bear (HULU) but do so again in light of the end of its wonderful final season. It the story of a high-end Chicago restaurant and the staff who work there. There is nothing quite like it on TV, especially for fans of Jeremy Allen White.


While we generally don't do restaurant recommendations, if you'd like The Bear experience, we recommend Kasama in Chicago (though Ever, also in Chicago, is referenced in the show).

Thanks for reading the Extra Mile, your gateway to the stability, service, and excellence of Hodges Loizzi. We will write you again in September.


The Attorneys and Support Staff of

Hodges, Loizzi, Eisenhammer, Rodick & Kohn

CONSUMER PRICE INDEX

Latest figures: July 2026
 
The Extra Mile is intended solely to provide information to the school community. It is neither legal advice nor a substitute for legal counsel. It is intended as advertising but not as a solicitation of an attorney/client relationship. 

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